what does an attorney charge to search for a trademark

Hiring a trademark attorney to register a trademark with the US Patent & Trademark Office

(“USPTO”) is not excessively expensive. For trademark applications, our flat fees are: $300 for a trademark search reported in a two page memo; and $850 for filing a trademark application including basic follow up through registration

Full Answer

How much does a trademark lawyer cost?

$300 for a trademark search reported in a two page memo; and; $950 for filing a trademark application including basic follow up through registration; These flat fees do not include government filing fees. If your application goes smoothly no additional legal fees are charged. The government filing fee for a trademark application is generally $250 per class. So a …

Should I hire an attorney to file a trademark application?

Feb 14, 2017 · Trademark attorneys, both in the U.S. and abroad, charge based on two factors: The price of procuring the actual search report. The time it takes to analyze the search results. It’s worth mentioning that trademark attorneys are legally restricted from charging for the search results themselves.

What is a trademark lawyer search?

Jun 24, 2020 · How Much Does a Trademark Lawyer Cost? A trademark lawyer costs around $1,000 to $2,000 for the general trademark process, but disputes could cost the client an additional $300 $400 an hour. Some of the trademark lawyer costs you may see include: Filing fees for the trademark application. Government costs charged by the USPTO.

How can I find out if a trademark has been registered?

In addition, often you can find trademark attorneys who offer services for a flat fee. Further, averages indicate that hiring a trademark can cost $1,000 – $2,000. If you hire our firm we charge $475 to file a trademark under one class. $475, plus …

When should I hire a trademark attorney?

When Should You Hire a Trademark Attorney? A trademark attorney should be hired when you have an idea for the name of your company. This is because a trademark attorney should conduct a search on your name and provide an opinion to you on whether or not the name is safe to use.

Can a lawyer file trademark application?

Any layman who wants to register a trademark can apply himself. But when the practical applicability is considered, appointing an attorney will ease the process to register a trademark.

How do I do a trademark clearance search?

Trademark Searches: How to Conduct a Proper Trademark Clearance SearchGet an Attorney. ... Search for Similar Marks. ... Search Federal and State Databases. ... Search Registered, Pending, Cancelled, and Abandoned Marks. ... Double-Check with the USPTO. ... Search Under Similar Goods or Services.More items...•Oct 14, 2020

What is the average cost of a trade mark?

The cost to trademark a name at the federal level ranges from $225 to $400 plus legal fees or $50 to $150 for a state trademark. The average cost to trademark a logo is $225 to $600 plus any legal fees....Trademark Cost.National Average Cost$424Average Range$275 to $6602 more rows

Is a trademark attorney a lawyer?

A Chartered Trade Mark Attorney is a lawyer who is specifically qualified to advise on trade mark law and acts as an agent for the purposes of applying for and obtaining trade mark registrations. ... Managing conflicts is a major part of a Chartered Trade Mark Attorney's role.

What are the three requirements for trademarks?

What Are Trademark Requirements?Provide your name and address as owner of the trademark.State the entity type (individual or corporation) and your national citizenship.Demonstrate actual use or a real intent to use the trademark in commerce.Give a detailed description of the product being trademarked.More items...•Jul 8, 2020

How long is a trademark good for?

Unlike patents and copyrights, trademarks do not expire after a set period of time. Trademarks will persist so long as the owner continues to use the trademark. Once the United States Patent and Trademark Office (USPTO), grants a registered trademark, the owner must continue to use the trademark in ordinary commerce.

How do I trademark a name for free?

Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer's help. The simplest way to register is on the U.S. Patent and Trademark Office's Web site, www.uspto.gov.Sep 11, 2008

How do I know if a brand name is taken?

You can search all applied-for and registered trademarks free of charge by using the U.S. Patent and Trademark Office (USPTO)'s Trademark Electronic Search System (TESS). If your mark includes a design element, you will have to search it by using a design code.Oct 7, 2020

What is the cheapest way to trademark?

The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS). Remember that you can only register one trademark per application.

How much is a trademark for a logo?

What Does it Cost to Trademark a Logo? The cost to trademark a logo with the U.S. Patent and Trademark Office (USPTO) is $275–$660 as of June 2020, plus legal fees. You can register a trademark with your state for $50-$150, but federal registration offers a great deal more legal protection.

Can someone else trademark your business name?

The short answer is—in theory, yes, but in reality, no. If you don't have a trademark on your name, someone else can research the United States Patent and Trademark Office (USPTO) database and find an available name. They can then trademark it.

What is a trademark lawyer?

A trademark lawyer will conduct a comprehensive search to include federal, state, and common law trademarks, often using professional software.

How much does a trademark lawyer cost?

A trademark lawyer costs around $1,000 to $2,000 for the general trademark process, but disputes could cost the client an additional $300 $400 an hour. Some of the trademark lawyer costs you may see include: Filing fees for the trademark application. Government costs charged by the USPTO. Flat-fee trademark lawyer costs.

How much does it cost to register a trademark?

Overall, a trademark registration can cost over $2,500. However, these trademark lawyer costs are important. There is ample work that still needs to occur after a trademark application is filed. Before even filing a trademark application, it is important to conduct a thorough trademark search.

What are relevant costs?

Relevant costs are those that differ based on possible alternatives. These relevant costs are important to your decision on how to acquire your trademark. The most common relevant costs are involved with your decision on whether to hire a trademark attorney to handle the process for you.

How long does it take to file a statement of use?

You file the Statement of Use about seven to nine months after filing the first application. The USPTO will tell an applicant when the Statement of Use is due. There is a fee to file the Statement of Use. The fee is $100 for each class of goods in the original application.

What happens if a business is rejected by the USPTO?

If the USPTO rejects your trademark, the cost to fix the application and defend the trademark, or to reapply, could be more than if you had hired an attorney to file the application properly in the first place.

How much does it cost to file a trademark?

How Much is the US Government Trademark Filing Fee? 1 $225 or $275 per class 2 So, total with trademark attorney is $700 for one trademark under one class.

Why do you need a trademark search?

As a result, a trademark search is vital in preventing the potential for you or your company to face expensive and unnecessary litigation. So when thinking of the cost to trademark a business name, thing first of paying an attorney to handle your trademark.

What is a TEAS application?

In addition, a regular TEAS Application allows you to list the goods or services under your own description. However, an Examining Attorney may require you to be more specific with your description in a future Office action.

How much more likely are you to get a trademark if you use a trademark attorney?

According to a study published in Stanford Technology Law Review, and as reported by the Wall Street Journal, trademark applicants are 50% more likely to receive a registration if they use a trademark attorney.

What is a fanciful mark?

A fanciful mark is a completely made up word, image or design. For example, Peps, Kodak, and Xerox are examples of made up words without meaning prior to their adoption as a trademark. A fanciful mark will not be found in any dictionary prior to its use as a mark. Fanciful marks are considered to be the most distinctive trademarks, ...

How much does the trademark office charge?

In addition to our fee, the Trademark Office also charges fees. In particular, with regards to the initial filing, the Trademark Office presently charges either $250 or $350 per class, with the lower amount corresponding to use of an existing goods and services description, and the higher amount corresponding to use of a custom goods ...

What is an arbitrary mark?

An arbitrary mark is an ordinary term, image or design that is used in a meaningless context. Apple is commonly used as an example of an arbitrary mark, in that Apple, while an ordinary word, has no relation at all to computers, software, music players, telephones, and the other equipment that Apple sells.

What is suggestive mark?

A suggestive mark indicates the nature of a product or service it is associated with, or a quality or characteristic of the product or service it is associated with. For a mark to be suggestive, rather than descriptive, case law requires that the goods and services are only connected with the mark through an “imaginative leap.”.

What is descriptive mark?

A descriptive mark directly describes the nature of the product or service it is associated with, or a quality or characteristic of the product or service it is associated with, with no imaginative leap required.

What is generic term?

A generic term is one that describes the product or service with which it is associated as a category or type. As such, a generic term cannot distinguish between competing versions of the product or service, and is said to lack distinctiveness. Some examples of generic terms are “All Natural” and “Garlic Oil” because they describe the product or service with which they are associated. It is possible for a once distinctive term to become generic due to use by the public to describe all versions of a product or service, and not just those offered by the mark user.

Alex Paul Moskovitz

This may not apply to you, but if you are not currently using your mark in commerce you should file an "intent to use" trademark application with the U.S. trademark office as soon as possible, because prior filers have rights over subsequent filers.#N#More

Daniel Nathan Ballard

A trademark attorney is most often NOT the best qualified to perform a trademark clearance search. Such searches are typically performed by experienced trademark search firms. A comprehensive clearance search (which would include common law sources) costs about $650. Query "trademark search" on Google...

What are the benefits of hiring an attorney?

Benefits of hiring an attorney include: Providing you crucial legal advice about your trademark. Conducting your trademark clearance search before you file an application. Preparing your application accurately. Responding to legal correspondence from the USPTO. Enforcing and maintaining your trademark rights.

Does hiring an attorney save you money?

However, in the long run, hiring an attorney may save you money because an attorney will know how to best advise you on your trademark’s registrability, prepare your application, and respond to the USPTO on various issues that might arise throughout the process.

Why do organizations need to search for trademarks?

As an organization decides the names of their products and other identifying slogans or symbols, they need to make sure that those are not already in use , so that there will be less likelihood of confusion. A trademark search can help accomplish this goal.

What happens if you don't trademark your business name?

If you don't conduct a trademark search early in the process and you learn later that your business name is already in use, it can cost you both professionally and financially.

How much does it cost to trademark a logo?

In general, the cost of trademarking a service or logo at the federal USPTO office ranges from $250 to $750 (at the time of writing this article). The fee, according to the USPTO, is dependent on two factors—the number of trademarks you seek and the class of goods and services you'd like to trademark.

What is the difference between a trademark and a service mark?

A trademark generally refers to goods, while a service mark applies to services. Having these marks distinguishes you from competitors, offers legal protection, and creates your brand. You can protect your trademark through common law, federal, or state protection.

How long does a trademark last?

Your trademark will last up to 10 years, and if you decide to renew, there are fees associated with the renewal. For renewals in state trademark protection, requirements vary depending on the state. Make sure your work is protected START MY REGISTRATION. About the Author.

What is a trademark?

A trademark is how individuals recognize your service or business in the marketplace. The following could be trademarked: A product name. A business name. A symbol or design. A logo or label. A sound. Product packaging or label.

What are the four types of trademarks?

The USPTO defines the four types of marks: Fanciful or arbitrary. Suggestive. Descriptive. Generic. Distinct names, logos, or symbols have a higher likelihood of trademark protection.

What is an office action letter?

The examiner will frequently issue an official letter (called an Office Action) refusing your application. Some refusals are easy to overcome; some are very difficult to overcome and require legal research and preparing formal legal arguments. There are no government fees required to respond to an Office Action.

How many classes are there in the USPTO?

All goods and services are divided into 45 classes . The USPTO has a pre-set list of specific goods and services, or you can enter them in any text you choose. The government fees to file a new trademark application are either $ 225 per class if you choose your goods and services from the pre-set list, file electronically, ...

Can I register a trademark in the US?

You can also register a trademark in most U.S. states. A state registration is easier and less expensive, but is also less useful. Given the ubiquity and visibility of the Internet, most business owners will be much better off seeking a federal trademark registration. You can only register a trademark for the specific goods and services ...

How long does it take to get a statement of use?

If you haven’t yet sold anything under the trademark, then you will normally need to file a Statement of Use at the end of the application process, normally about 9-12 months after filing the application . The government fee to file a Statement of Use is $ 100 for each class of goods or services in the application.

How much does it cost to file a statement of use?

The government fee to file a Statement of Use is $ 100 for each class of goods or services in the application. The attorney fees to prepare and file a Statement of Use vary, but are normally between $250 and $700, depending on the number of classes in the application and how difficult it was to obtain and prepare images showing your use ...